(750 ILCS 5/710)
(from Ch. 40, par. 710)
(a) In counties certified as included
under the provisions of Sections 709 through 712 and whose application for
reimbursement is approved, there shall be instituted a child support
enforcement program to be conducted by the clerk of the circuit court and
the state's attorney of the county. The program is to be limited to
enforcement of child support orders entered pursuant to this Act.
The child support enforcement program is to be conducted only on
behalf of dependent children included in a grant of financial aid under
Article IV of The Illinois Public Aid Code and parties
who apply and qualify for child support enforcement services pursuant
to Section 10-1 of such Code.
Nothing in this Section shall be construed to prohibit the establishment of
a child support enforcement program by the clerk of the circuit court in
cooperation with the State's Attorney of the county.
(b) In the event of a delinquency in payment, as determined from the record
maintained by the clerk in a county covered by the child support enforcement
program, such clerk shall notify both the party obligated to make the payment,
hereinafter called the payor, and the recipient of such payment, hereinafter
called the payee, of such delinquency and that if the amount then due and
owing is not remitted in the time period required by circuit court rules,
the matter will be referred to the state's attorney for enforcement
proceedings. Upon failure of the payor to remit as required, the clerk
shall refer the matter to the state's attorney, except as provided by rule
of the circuit court.
(c) Upon referral from the clerk, the state's attorney shall promptly
initiate enforcement proceedings against the payor. Legal representation
by the state's attorney shall be limited to child support and shall not
extend to visitation, custody, property or other matters; however, if the
payor properly files pleadings raising such matters during the course of the
child support hearing and the court finds that it has jurisdiction of such
matters, the payee shall be granted the opportunity to obtain a continuance
in order to secure representation for those other matters, and the court
shall not delay entry of an appropriate support order pending the
disposition of such other matters.
If the state's attorney does not commence enforcement proceedings within
30 days, the clerk shall inform the court which, upon its own motion, shall
appoint counsel for purposes of enforcement. The fees and expenses of such
counsel shall be paid by the payor and shall not be paid by the State.
Nothing in this Section shall be construed to prevent a payee from
instituting independent enforcement proceedings or limit the remedies
available to payee in such proceedings. However, absent the exercise under
this provision of a private right of enforcement, enforcement shall be as
otherwise provided in this Section.
(d) At the time any support order is entered, the payee shall be informed
of the procedure used for enforcement and shall be given the address and
telephone number both of the clerk and of the Child and Spouse Support Unit
as provided in Section 712.
The payee shall be informed that, if no action is taken within 2 months
of any complaint to the clerk, payee may contact the Unit
to seek assistance in obtaining enforcement.
(e) Upon a finding that payor is in default and that such non-payment
is for a period of two months and that such non-payment is without good
cause, the court shall order the payor to pay a sum equal to 2% of the
arrearage as a penalty along with his payment.
The court may further assess against the payor any fees and expenses incurred
in the enforcement of any order or the reasonable value thereof and may
impose any penalty otherwise available to it in a case of contempt.
All penalties, fees and expenses assessed against the payor pursuant to
this subsection are to cover the expenses of enforcement, are to be
paid to the clerk and are to be placed by him in
the special fund provided for in Section 711.
(f) Any person not covered by the child support enforcement
program may institute private and independent proceedings to enforce
payment of support.
(Source: P.A. 92-590, eff. 7-1-02.)